Immigration Newswire

Immigration law is composed of statutes, regulations, case law and non-binding agency guidance. The primary statute with which we deal as immigration attorneys is the Immigration and Nationality Act.

The regulations we reference are all included in various volumes of the Code of Federal Regulations (“CFR”). We primarily use 8 CFR, which is USCIS regulations; 20 CFR, which is Department of Labor regulations; and 22 CFR, which is Department of State regulations.

In addition, we cite to precedent decisions by the Board of Immigration Appeals (BIA) and the Administrative Appeals Office (AAO).

Finally, the various federal agencies with which we deal provide frequent administrative guidance which is not binding but which governs their internal policies.

By providing you with the latest immigration legal news, we hope to offer practical insights into the ways various legal provisions are being construed by the government.

Case study: Can a petitioning company qualify for L-1 status when it does not have any related entities outside of the US?

Posted by Emilie (Ronald) Gough | Aug 22, 2023 | 0 Comments

Generally, to qualify for a L-1 Intracompany Transferee status it must be shown that the beneficiary is employed by a foreign parent, subsidiary, branch, or affiliate of the petitioning company.  8 CFR 214.2(l)(1)(ii)(A) defines an intracompany transferee as:  an alien who, within three years p...

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The Basics of Applying for Citizenship

Posted by Emilie (Ronald) Gough | Jul 26, 2023 | 0 Comments

Applying for United States citizenship is a huge milestone in the immigration process. Once you become a US citizen, you are able to vote, obtain a US passport, serve on juries, apply for federal jobs, obtain certain government benefits, and even become an elected official. US citizens are also e...

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What is a Functional Manager?

Posted by Emilie (Ronald) Gough | Jul 11, 2023 | 0 Comments

By Daniela A. Hoegerle What is a manager? For an L-1A Intracompany Transferee Manager visa, the company petitioner must prove the beneficiary employee is a manager. An employee having managerial capacity is defined under 8 CFR 214.2(1). Managerial capacity is “an assignment within an organizati...

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Changing Your Address with USCIS 

Posted by Emilie (Ronald) Gough | Jun 20, 2023 | 0 Comments

All noncitizens in the United States are required to notify USCIS of a change of address within 10 days of moving (with the exception A and G visa holders and visa waiver visitors) regardless of if they have a pending petition.  It is necessary to do this even if you have already changed your ad...

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Overview of the E-3 Visa Process

Posted by Emilie (Ronald) Gough | Jun 13, 2023 | 0 Comments

By Daniela A. Hoegerle What is E-3? E-3 visas, or Specialty Occupation Professionals from Australia visas, are for Australian nationals who wish to enter the United States as a nonimmigrant for temporary employment. The visa was created by an Act of the U.S. Congress as a result of the Australi...

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How to File Electronically with USCIS

Posted by Emilie (Ronald) Gough | Mar 14, 2023 | 0 Comments

USCIS has been expanding its online filing for certain forms. There are many benefits to filing online, such as immediately receiving copies of notices and confirmed delivery to USCIS upon payment of fees. A step-by-step guide on how to use the USCIS Online Account system is below.  Forms can be...

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Stateside visa stamping announced for this year

Posted by Emilie (Ronald) Gough | Feb 20, 2023 | 0 Comments

Bloomberg is now reporting that  by the end of this year the State Department will implement a program allowing visa renewal within the U.S. for non-immigrants seeking H or L visa stamping, including first time applicants. Because a valid visa stamping is required to enter into the U.S., the move...

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What is Temporary Protected Status (TPS)?

Posted by Emilie (Ronald) Gough | Jan 13, 2023 | 0 Comments

TPS is a temporary status provided to nationals of specific countries designated by the Secretary of Homeland Security when ongoing circumstances in the designated country prevent its nationals from safely returning home or where the country is unable to adequately handle the return of its nation...

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2023 H-1B Cap Registration

Posted by James Eiss | Jan 04, 2023 | 0 Comments

Written by Adam Kneeland The start of a new year means the start of a new H-1B cap lottery season and the time to begin preparations for this year's H-1B cap lottery registration. But what exactly is the H-1B cap lottery, when does it happen, and how can you register employees? The registrati...

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